UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK

Transcription

1 Kim R. Lynch, Esq. (KL-5866) Counsel for Siemens Building Technologies, Inc. Forman Holt Eliades & Ravin, LLC 80 Route 4 East, Suite 290 Paramus, NJ (201) Lauren Newman, Esq. Of Counsel for Siemens Building Technologies, Inc. Thompson Coburn Fagel Haber 55 East Monroe, 40th floor Chicago, Illinois (312) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK : Chapter 11 In re: : : Case No (REG) GENERAL MOTORS CORP., et al, : : Jointly Administered Debtors. : : NOTICE OF WITHDRAWAL OF OBJECTION [DOCKET NO. 3650] OF SIEMENS BUILDING TECHNOLOGIES, INC. TO PROPOSED CURE AMOUNT Siemens Building Technologies, Inc. ( SBT ), by its co-counsel, Forman Holt Eliades & Ravin LLC and Thompson Coburn Fagel Haber, hereby withdraw the Objection of SBT to the Debtors (I) Intent to Assume and Assign Certain Executory Contracts, Unexpired Leases of Personal Property and Unexpired Leases of Nonresidential Real Property and (II) Cure Amounts Related Thereto (Docket No. 2640) (the Objection ) filed with this Court on June 26, 2009, 1 as set forth in this Notice of Withdrawal. This Notice of Withdrawal is filed pursuant to the Agreement to Resolve Objection to Cure Notice, dated September 11, 2009, between SBT and General Motors Company (formerly 1 Capitalized terms used herein without definition shall have the meaning given to them in the Objection.

2 NGMCO, Inc.) (the Cure Settlement Agreement ), which resolves the dispute regarding the Cure Amount due to SBT in connection with the assumption and assignment of the agreements between SBT, on the one hand, and the above-captioned Debtors, on the other hand, as asserted by the Debtors on the Cure Website and in the Notice of (I) Debtors Intent to Assume and Assign Certain Executory Contracts, Unexpired Leases of Personal Property, and Unexpired Leases of Nonresidential Real Property and (II) Cure Amounts Related Thereto, dated June 5, 2009 (the Notice ), and any other objections raised by SBT to the Cure Amounts in the Objection. This Withdrawal is without prejudice to SBT s rights to: (a) object to additional and further designations of any agreements for assumption and assignment, other than those included in the Notice; (b) renew its Objection in the event that the terms of the Cure Settlement Agreement are breached by the Debtors or the Purchaser; and (c) file any additional papers or applications with respect to the agreed upon Cure Amounts in the event they are not timely paid. Dated: September 11, 2009 FORMAN HOLT ELIADES & RAVIN LLC /s/ Kim R. Lynch Kim R. Lynch, Esq. (KL-5866) 80 Route 4 East Suite 290 Paramus, NJ Telephone: (201) Fax.: (201) And THOMPSON COBURN FAGEL HABER Lauren Newman, Esq. (IL Bar ) 55 East Monroe Street, 37 th Floor Chicago, Illinois Telephone: (312) Fax: (312) Attorneys for Siemens Building Technologies, Inc. m:\lit\siemens\gm\siemens - gm - notice of withdrawal of obj.doc

3 CERTIFICATE OF SERVICE I hereby certify that Notice of this document will be electronically mailed to the parties that are registered or otherwise entitled to receive electronic notices in this case pursuant to the Electronic Filing Procedures in this District and upon those parties listed on the attached service list as indicated on this 11 th day of September, /s/ Kim R. Lynch Kim R. Lynch

4 Service List General Motors Corporation Cadillac Building Attn: Warren Command Center Mailcode Van Dyke Avenue Warren, Michigan Debtors Harvey R. Miller, Esq Stephen Karotkin, Esq. Joseph H. Smolinsky, Esq. Weil, Gotchal & Manges, LLP 767 Fifth Avenue New York, NY Attorney for Debtors Diana G. Adams, Esq Office of the U.S. Trustee for the Southern District of New York 33 Whitehall St., 21 st Floor New York, NY U. S. Trustee Matthew Feldman, Esq U. S. Department of Treasury 1500 Pennsylvania Ave NW Room 2312 Washington, DC John J. Rapisardi, Esq Cadwalader, Wickersham & Taft, LLP One World Financial Center New York, NY Attorneys for Purchaser Michael J. Edelman, Esq. Michael Schein, Esq. Vedder Price, P.C Broadway, 47 th Floor New York, NY Attorneys for Export Development Canada Robert D. Wolford Miller, Johnson Snell & Commiskey PLC 250 Monroe Avenue, N.W. Suite 800 Grand Rapids, MI Attorneys for Creditors Committee

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